166-500-0010
Definitions

The following definitions apply to 166-500-0010 through 166-500-0070.

(1) Attachments are documents that accompany a rule, such as maps, seals, drawings, forms, graphs, tables, and charts. See OAR 166-500-0060.

(2) Delegation of Rulemaking Authority and Appointment of Rules Coordinator Form is the form agencies use to authorize and identify their agency rules coordinators and all persons to whom the agency has delegated rulemaking authority. State agencies that adopt administrative rules must complete this form identifying their rules coordinators. This combined form must be filed with the Publications Unit before a person named on the form may obtain filing access or submit filings to the Publications Unit. Only one form will be in effect at a time. Each subsequent submission replaces the previous form filed.

(3) Dates:

(a) Agency Approved Date for a Permanent or Temporary Filing is the date an agency has approved or a commission or board has adopted a rule version, and must be the same as or prior to the filing date.

(b) Deadline Day is the last date and time at which the Publications Unit will accept a filing for possible inclusion in the next monthly Oregon Bulletin. See OAR 166-500-0070.

(c) Effective Date is the date the rule becomes legally effective and enforceable. That date is either the date the rule is filed with the Publications Unit or a later date that the agency specifies.

(d) Filing Date is the day a filing is submitted to the Publications Unit via the Oregon Administrative Rules Database (OARD).

(e) Last Date for Public Comment is the last date an agency will accept comment on a proposed rule into the rulemaking record.

(f) Through Date is the last day a temporary rule is effective.

(4) Filing Authorization is an agency’s approval for a person to submit filings on the agency’s behalf to the Publications Unit. The Rules Coordinator must indicate that a person who is listed on the Delegation of Rulemaking Authority and Appointment of Rules Coordinator Form on file with the Publications Unit has approved the filing.

(5) Filing Caption is a statement, of not more than 15 words, that applies to the entire filing and all included rule changes identifying the rulemaking action’s subject matter. See ORS 183.335(2)(a)(A).

(6) Filing types:

(a) Notice of Proposed Rulemaking Filing, or Notice Filing, is the process an agency uses to inform the public of intended rulemaking action, with or without hearings that includes publication in the Oregon Bulletin.

(b) Permanent Filing is the agency process to permanently adopt new rules, amend or repeal existing rules, or renumber an existing rule to a new number and has no automatic expiration.

(c) Statutory Minor Correction Filing is the process an agency uses to amend an existing rule applying only corrections that fall under ORS 183.335(7). See OAR 166-500-0047.

(d) Temporary Filing is the agency process to temporarily adopt new rules, amend or suspend existing rules. A Temporary Filing can remain in effect no longer than 180 days. See OAR 166-500-0050.

(7) Oregon Administrative Rules Database (OARD) is the online filing system that agencies use to submit filings to the Publications Unit. OARD contains each agency’s rules, current draft text, filing drafts, and search features.

(8) Oregon Bulletin contains all rulemaking actions filed each month. The Bulletin includes:

(a) Notice of Proposed Rulemaking Filings;

(b) Permanent Filings;

(c) Temporary Filings;

(d) Statutory Minor Correction Filings; and

(e) Certain other notices.

(9) Publications Unit is a work unit of the Archives Division under the Oregon Secretary of State. The unit is responsible for receiving all agency filings, including Notice of Proposed Rulemaking Filings, Permanent Filings, Temporary Filings and Statutory Minor Correction Filings; publishing the OAR Compilation; and compiling the Oregon Bulletin.

(10) Rulemaking Actions:

(a) Adopt: is a permanent or temporary action that creates a new rule to add to an agency’s body of rules. An agency may not list a rule as a temporary adopt if the agency has previously adopted the rule on a permanent filing. An agency may only amend, suspend or repeal a rule the agency has permanently adopted.

(b) Amend: is a permanent or temporary action that modifies an existing rule with additions or deletions to the rule text or associated attachments or items adopted by reference.

(c) Renumber: is a permanent action that deletes an existing rule number and moves that rule’s text to a new rule number. No changes are permitted to the rule text. Once a rule is renumbered, the old number cannot be re-used.

(d) Repeal: a permanent action that removes an existing rule from an agency’s body of rules such that the rule no longer has any legal effect. A repealed rule number cannot be re-used.

(e) Suspend: is a temporary action that renders an existing rule ineffective for no more than 180 days. See ORS 183.335(6).

(11) Rules Coordinators are one to three persons an agency appoints to coordinate the writing and filing of Administrative Rules. The Delegation of Rulemaking Authority and Appointment of Rules Coordinator Form must be filed with the Publications Unit before access is granted to OARD, by the Publications Unit to file rules.

(12) Rule Summary is a statement for each rule summarizing the subject matter and purpose of the intended action. See ORS 183.335(2)(a)(B).

(13) Rules Writer is a person an agency authorizes to draft and edit rules within the Oregon Administrative Rules Database (OARD).

(14) Statement of Need and Fiscal Impact explains the need for a rulemaking action and its fiscal impact. The Statement accompanies the Notice of Proposed Rulemaking Filing.

(15) Statement of Need and Justification explains the need for a rulemaking action and the justification for submitting the changes as a temporary rule rather than using the permanent rulemaking process. The Statement accompanies the Temporary Filing.

(16) Statutory and Other Authority are the statute(s), bill(s) or federal legislation that grant an agency the authority to adopt rules.

(17) Statutes and Other Implemented are the statute(s), bill(s) or federal legislation that an agency’s rule explains, expands on, or puts into effect through the rulemaking process.

Statutory/Other Authority: ORS 183
Statutes/Other Implemented: ORS 183
History:
OSA 2-2021, minor correction filed 05/24/2021, effective 05/24/2021
OSA 3-2017, amend filed 12/18/2017, effective 12/18/2017
OSA 2-2012, f. & cert. ef. 9-12-12
OSA 2-2007, f. & cert. ef. 7-31-07
OSA 2-2000, f. & cert. ef. 3-9-00
OSA 13-1997, f. & cert. ef. 12-3-97
OSA 5-1999(Temp), f. & cert. ef. 12-9-99 thru 5-10-00
OSA 13-1997, f. & cert. ef. 11-3-97
OSA 9-1997(Temp), f. & cert. ef. 10-6-97

166-500-0020
Oregon Administrative Rule (OAR) Filing Requirements

(1) Agencies must use the Oregon Administrative Rules Database (OARD) to submit Permanent and Temporary Filings (ORS 183.355), Statutory Minor Correction Filings (ORS 183.335(7)) and Notices of Proposed Rulemaking Filings (183.335(1) & (2)).

(2) Agencies must submit filings by deadline day in order for the filing to be published in the next Oregon Bulletin. See OAR 166-500-0070.

(3) In cases when the online system is unavailable, agencies must contact the Publications Unit for alternative filing options.

Statutory/Other Authority: ORS 183.360
Statutes/Other Implemented: ORS 183.335 & 183.360
History:
OSA 3-2017, amend filed 12/18/2017, effective 12/18/2017
OSA 1-2013, f. & cert. ef. 10-10-13
OSA 2-2012, f. & cert. ef. 9-12-12
OSA 2-2007, f. & cert. ef. 7-31-07
OSA 2-2000, f. & cert. ef. 3-9-00
OSA 5-1999(Temp), f. & cert. ef. 12-9-99 thru 5-10-00
OSA 13-1997, f. & cert. ef. 11-3-97, Renumbered from 166-510-0001
Suspended by OSA 9-1997(Temp), f. & cert. ef. 10-6-97
OSA 4-1995, f. 8-15-95, cert. ef. 9-1-95
OSA 9-1997(Temp), f. & cert. ef. 10-6-97

166-500-0030
Notice of Proposed Rulemaking Filing Requirements

(1) Notice of Proposed Rulemaking Filings, in addition to the requirements outlined in ORS 183.335, must include the following components:

(a) Filing caption;

(b) Rule number and rule title;

(c) Proposed rule text, which shall be clean and free from strike-throughs, underlines, or other formats showing tracked changes;

(d) Associated statutory authority and statutes implemented;

(e) Rule Summary, provided for each rule; and

(f) If applicable, PDFs of all rule attachments containing items such as maps, seals, drawings, forms, graphs, tables, and charts for each rule. See OAR 166-500-0060.

(2) Agencies adopting or amending rules incorporating published standards by reference may omit copies of the publications if applicable, under ORS 183.355(1). Agencies must explain how the public may obtain referenced items.

Statutory/Other Authority: ORS 183.360
Statutes/Other Implemented: ORS 183.335 & 183.360
History:
OSA 3-2017, amend filed 12/18/2017, effective 12/18/2017
OSA 2-2012, f. & cert. ef. 9-12-12
OSA 1-2012(Temp), f. & cert. ef. 5-1-12 thru 10-26-12
OSA 2-2007, f. & cert. ef. 7-31-07
OSA 2-2000, f. & cert. ef. 3-9-00
OSA 13-1997, f. & cert. ef. 11-3-97
OSA 9-1997(Temp), f. & cert. ef. 10-6-97

166-500-0040
Permanent Filing Requirements

(1) Permanent Filings, in addition to the requirements outlined in ORS 183.355, must include the following components:

(a) Agency Approved Date;

(b) Effective Date;

(c) Filing caption;

(d) Rule number and rule title;

(e) Final rule text, which shall be clean and free from strike-throughs, underlines, or other formats showing tracked changes;

(f) Associated statutory authority and statutes implemented;

(g) Rule Summary, provided for each rule; and

(h) If applicable, PDFs of all rule attachments containing items such as maps, seals, drawings, forms, graphs, tables, and charts for each rule. See OAR 166-500-0060.

(2) Agencies adopting or amending rules incorporating published standards by reference may omit copies of the publications if applicable, under ORS 183.355(1). Agencies must explain how the public may obtain referenced items.

(3) An agency must file a Notice of Proposed Rulemaking Filing before filing a Permanent Filing, as ORS 183.335 requires.

Statutory/Other Authority: ORS 183.360
Statutes/Other Implemented: ORS 183.325, 183.330, 183.335, 183.355 & 183.360
History:
OSA 3-2017, amend filed 12/18/2017, effective 12/18/2017
OSA 2-2012, f. & cert. ef. 9-12-12
OSA 4-2011, f. & cert. ef. 10-14-11
OSA 2-2011(Temp), f. & cert. ef. 7-1-11 thru 12-7-11
OSA 1-2011(Temp), f. & cert. ef. 6-10-11 thru 12-7-11
OSA 5-2009, f. & cert. ef. 7-1-09
OSA 2-2007, f. & cert. ef. 7-31-07
OSA 3-2003, f. & cert. ef. 11-20-03
OSA 13-1997, f. & cert. ef. 11-3-97, Renumbered from 166-510-0011
Suspended by OSA 9-1997(Temp), f. & cert. ef. 10-6-97
OSA 4-1995, f. 8-15-95, cert. ef. 9-1-95
OSA 9-1997(Temp), f. & cert. ef. 10-6-97

166-500-0047
Statutory Minor Correction (SMC) Filing Requirements

(1) Statutory Minor Corrections (SMC) Filings, in addition to the requirements outlined in ORS 183.335(7) and OAR 166-500-0055, must include the following components:

(a) Filing caption;

(b) Rule number and rule title;

(c) Final rule text, which shall be clean and free from strike-throughs, underlines, or other formats showing tracked changes;

(d) Associated statutory authority and statutes implemented;

(e) Rule Summary;

(f) If applicable, PDF of all rule attachments containing items such as maps, seals, drawings, forms, graphs, tables, and charts. See OAR 166-500-0060.

(2) Indicate which subsection of ORS 183.335(7) authorizes the proposed change.

(3) Rule title changes shall be applied through a Statutory Minor Correction Filing.

(4) An agency may file a Statutory Minor Correction Filing without first filing a Notice of Proposed Rulemaking Filing.

Statutory/Other Authority: ORS 183.360
Statutes/Other Implemented: ORS 183.360 & ORS 183.355
History:
OSA 3-2017, adopt filed 12/18/2017, effective 12/18/2017

166-500-0050
Temporary Filing Requirements

(1) Temporary Filing, in addition to the requirements outlined in ORS 183.335(5) and (6), must include the following components:

(a) Filing Caption;

(b) Agency Approved Date;

(c) Effective Date, and Through Date not to exceed 180 days;

(d) Rule number and rule title;

(e) Final rule text, which shall be clean and free from strike-throughs, underlines, or other formats showing tracked changes;

(f) Associated statutory authority and statutes implemented;

(g) Rule Summary, provided for each rule; and

(h) If applicable, PDFs of all rule attachments containing items such as maps, seals, drawings, forms, graphs, tables, and charts for each rule. See OAR 166-500-0060.

(2) Agencies adopting or amending rules incorporating published standards by reference may omit copies of the publications if applicable, under ORS 183.355(1). Agencies must explain how the public may obtain referenced items.

(3) An agency may file a Temporary Filing without first filing a Notice of Proposed Rulemaking Filing.

(4) When a temporary rule expires at the end of its indicated through date, the rule will revert to the last permanent language.

Statutory/Other Authority: ORS 183.360
Statutes/Other Implemented: ORS 183.325, 183.330, 183.335, 183.355 & 183.360
History:
OSA 3-2017, amend filed 12/18/2017, effective 12/18/2017
OSA 2-2012, f. & cert. ef. 9-12-12
OSA 5-2009, f. & cert. ef. 7-1-09
OSA 2-2007, f. & cert. ef. 7-31-07
OSA 3-2003, f. & cert. ef. 11-20-03
OSA 13-1997, f. & cert. ef. 11-3-97, Renumbered from 166-510-0031
Suspended by OSA 9-1997(Temp), f. & cert. ef. 10-6-97
OSA 4-1995, f. 8-15-95, cert. ef. 9-1-95
OSA 9-1997(Temp), f. & cert. ef. 10-6-97

166-500-0055
OAR Formatting Requirements

The Publications Unit will return rules that do not comply with the following requirements to the agency for correction. Rule text must be formatted as follows:

(1) Rule numbers must be in the XXX-XXX-XXXX format.

(2) Rule text shall be clean and free from strike-throughs, underlines, and other formats showing tracked changes.

(3) Outlining and internal numbering: All internal outlining within the rule text must be in the format of (1), (a), (A), (i), (I). A rule may not have a section (1) unless there is a section (2), or a paragraph (a) unless there is a paragraph (b), etc.

(a) There must be one space between the outlining number or letter and the start of the first word.

(b) A rule may have an introductory paragraph that is not outlined.

(c) A Rule with only one paragraph must have no outlining.

(4) Rule text must use initial capitalization.

(5) Agencies may use only the following special formatting in rule text:

(a) Bold and italics;

(b) Special characters (e.g. degree symbol);

(c) Capitalization; and

(d) Quoted text, also known as block text or note style.

(6) Agencies may not use the following formatting within rule text:

(a) Subtitles;

(b) Paragraphs without numbering (exceptions outlined in (3)(b) and (c) above);

(c) Non-successive numbering or numbering that does not comply with paragraph (2) of this rule;

(d) Bullets;

(e) Tabbed or indented text; or

(f) Double-spacing or any use of extra spacing between paragraphs.

(7) Where formatting allows, tables, appendices and other text-based information must be included in rule text with proper outlining. For exceptions see OAR 166-500-0060.

Statutory/Other Authority: ORS 183.360
Statutes/Other Implemented: ORS 183.355 & 183.360
History:
OSA 3-2017, amend filed 12/18/2017, effective 12/18/2017
OSA 2-2012, f. & cert. ef. 9-12-12
OSA 5-2009, f. & cert. ef. 7-1-09
OSA 2-2007, f. & cert. ef. 7-31-07
OSA 3-2003, f. & cert. ef. 11-20-03
OSA 13-1997, f. & cert. ef. 11-3-97
OSA 9-1997(Temp), f. & cert. ef. 10-6-97

166-500-0060
Attachments to Rule

Attachments for Notice of Proposed Rulemaking, Permanent, Statutory Minor Correction and Temporary Filings, must meet the following guidelines:

(1) Attachments include items such as maps, seals, drawings, forms, graphs, tables, and charts. Agencies shall attach a PDF file that includes all the associated documents not included in the rule text.

(2) All attachments must be contained in one PDF per rule.

(3) To keep an attachment within a rule, the agency must attach a PDF each time that rule is submitted with a filing. If a PDF is not attached, the item will not continue to be part of the rule and will not be posted online.

(4) The File name must be the rule number. For example: 166-500-0060.pdf.

(5) The agency must upload the PDF file to OARD at the time of filing. Attachments will not be added, removed or altered without a filing.

Statutory/Other Authority: ORS 183.360
Statutes/Other Implemented: ORS 183.360 & ORS 183.355
History:
OSA 3-2017, adopt filed 12/18/2017, effective 12/18/2017

166-500-0070
Deadline Day and the Oregon Bulletin Schedule

(1) Deadline day is the last day to submit filings through OARD, for possible inclusion in the Oregon Bulletin.

(2) To be included in the upcoming month’s Bulletin, all filings must:

(a) Be submitted by 11:59 p.m. on the last day of the current month;

(b) Be reviewed and published by the Publications Unit; and

(c) Comply with filing requirements outlined in OAR 166-500 and ORS Chapter 183.

(3) The Publications Unit review times will vary based on filing volume and staff availability. Agencies are advised to submit their filings at least five business days prior to their desired publication month.

(4) The Publications Unit will only publish filings that the Publications Unit determines comply with OAR 166-500 and ORS 183. Published Filings are the official record retained by the Oregon State Archives.

(5) Correcting Filings: The Publications Unit will return filings requiring corrections to Rules Coordinators through OARD. The process for corrections is as follows:

(a) Agencies will be notified through OARD that a filing has been returned. The agency is responsible for monitoring OARD to check status, correct and resubmit filings.

(b) Agencies must submit corrected filings through OARD within two business days.

(c) If a filing is pending corrections on the first of the month, the Publications Unit will not include the filing in the current Oregon Bulletin. Once necessary corrections are resubmitted, reviewed, and published, the filing will be included in the next Oregon Bulletin.

(d) If an agency has not corrected a filing within the allotted time, the Publications Unit will void the filing.

Statutory/Other Authority: ORS 183.360
Statutes/Other Implemented: ORS 183.360 & ORS 183.355
History:
OSA 3-2017, adopt filed 12/18/2017, effective 12/18/2017